Sundby

Sundby v. San Diego County Sheriff

Good Law
United States District Court, Southern District of CaliforniaJune 2, 20253:24-cv-01535California5,816 words

Opinion

Trial Court Opinion

I. BACKGROUND

9 On August 29, 2024, Plaintiff initiated this action by filing a Complaint asserting claims arising from Defendants’1 alleged execution of “a writ of possession at a property” 11 (the “Property”) that “was held in a family trust” (the “Trust”). (ECF No. 1, Compl. at 3.) 12 The Complaint identified Plaintiff as “Dale Sundby, Trustee” and alleged that Plaintiff, 13 who is proceeding pro se in this action, “is trustee of the Trust.” Id. ¶¶ 1, 10. 14 A. The Court’s Order to Show Cause and Plaintiff’s Motions Regarding Plaintiff’s Pro Se Representation of a Trust On September 19, 2024, the Court issued an Order to Show Cause (the “Order to Show Cause”). (ECF No. 4.) In the Order to Show Cause, the Court observed that Plaintiff, who is proceeding pro se, was purporting to assert claims on behalf of a trust. The Court stated: “To the extent the Complaint asserts claims on behalf of the Trust, Plaintiff cannot proceed pro se in this action.” Id. at 2 (citing Simon v. Hartford Life, Inc., 546 F.3d 661, 667 (9th Cir. 2008); C.E. Pope Equity Tr. v. United States, 818 F.2d 696, 698 (9th Cir. 1987)). The Court accordingly…

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